Gun legislation is sometimes called “gun control” or “firearms regulation”. Below are definitions of specific terms which are relevant to this article:
Gun Legislation: These are ordinances, laws or policies that are put together to check the production, possession, selling, transfer, control and usage of firearms or handguns by persons in a state.
Guns: Weapons that embody tubes that are made of metal, with these tubes usually placed in a way that bullets and other explosives are forced forward and shot with a loud noise.
Rights: Legal entitlements or actions that are perceived to be moral and lawful in a state.
Gun Rights: These are lawful entitlements of citizens of a given state to purchase, own or carry guns. Some countries have ordinances and laws that allow their citizens to sell, purchase and go about with firearms, while in other countries, such activities may be very limited.
Gun Control: Gun control is usually synonymous with “gun legislation” because it covers a set of laws that regulate the ownership, sales, and usage of guns in a state.
In a nutshell, gun legislation, control and rights are the entire laws, entitlements and limitations that monitor and check issues regarding guns in a given state – Texas. States that have strict laws regarding handguns normally do not allow certain kinds of firearms to be used by just anyone. Separate kinds of licenses are usually issued out for purposes like hunting, shooting in sports, personal defense, concealed carry, etc., with each of them bearing unique requirements, obligations, and permissions.
The Impact of Guns in Texas in Recent Years
In the past few years in Texas, approximately 3,647 people are killed by guns in a year in various ranges of situations. With a significant rate of 12.7 deaths in every 100,000 people in Texas, it has been analyzed that Texas ranks number 28 in a list of states that records the highest deaths caused by guns in the United States.
Nationally, about 40,620 people lose their lives in an average year with a significant rate of 12.2 deaths in every 100,000 people.
Over time in recent years as well, more specifically, between 2011 and 2022, gun death rates went up by 38%, against a national rate of 33% in Texas. What this means is that the number of people who died by guns in 2020 are more than the number of gun deaths in 2011. The actual difference is 1565 deaths.
Also, the rate of people who committed suicide with guns has gone up by 15%, while gun homicide in the period of 2011 to 2020 went up by a significant 90%. This can be compared to the national rate of 12% and 70%, respectively.
The rate of gun deaths has increased 38% from 2011 to 2020 in, compared to a 33% increase nationwide. This means that in 2020 there were 1565 more-gun deaths than in 2011.
In, the rate of gun suicide increased 15% and gun homicide increased 90% from 2011 to 2020, compared to a 12% increase and 70% increase nationwide, respectively.
NATIONAL
40,620 people die by guns in an average year, a rate of 12.2 deaths per 100,000 people.
(SOURCE :How Does Gun Violence Impact the Community You Care About?)
TEXAS LAWS ON GUN CONTROL
Texas Investigations and Background Checks
Are There Universal Background Checks in Texas?
In Texas, there is no underlying law mandating that buyers of firearms from unlicensed dealers should undergo a background check. However, there are some certain law restrictions put in place that ensures the prevention of firearms purchase by individuals who are not eligible to own firearms.
Procedures of Background Check Carried Out in Texas
The law recognizes the state with the authority to carry out a background check and authentication for individuals who intend to purchase a firearm. The federal law gives the state the authority to carry out deep search on records of the federal, state and the FBI database to verify if an individual should be cleared to own a firearm.
It is because of this federal law, that Texas city firearm dealers lack the authorization to carry out background checks before selling to individuals. Rather, the dealer is expected to first make enquiries at the FBI to verify the background information. The NICS does not recognize Texas as an area of contact.
Individuals who possess handgun licenses issued by the state are not to undergo a background check by the state, when they are buying their handgun or firearms. In Texas generally, local dealers of firearms do not exercise any background checks before carrying out their transactions with buyers.
Issues Pertaining to Mental Health and Behaviors in Texas
Mentally ill individuals or individuals who have a record of metal dysfunction are unauthorized by the federal law to possess firearms or handguns. The law sees them as a danger to not only themselves but the society, due to their unstable minds. This is the major reason why they are considered unstable to possess firearms. For one to be considered as a mental patient, they must have been confirmed by a hospital, law court, a set up committee or any other recognized law agency.
The National Instant Criminal Background Check System (NICS) has a collection of data and records that is constantly updated with facts and information, obtained from the states about individuals that have been confirmed to be mentally unfit by authorized agencies. The federal law mandates the state to provide information on the identity of the individuals whom the law has declared unauthorized to own a firearm, with which the NICS record book is updated for the FBI. The FBI now uses that for investigations/checks on anyone wanting to buy firearms in Texas, to ascertain that they are mentally fit to possess firearms.
In 2009, a law was passed that entails that the Department of Public Safety tenders their record to the FBI in not more than 30 days after the court’s declaration of:
• an individual hospitalized for mental dysfunction
• any offence committed out of insanity
• an individual who requires the presence of another person to act as a guardian due to his inability to handle their personal affairs, posing a threat to themselves.
The required information from the state to the NICS are
• Full name
• Gender
• Driver’s license, or social security number
• Date of birth
• Reason for prohibition from firearms
• Ethnicity
• Previous court ruling records (if any)
The above information is provided by the court’s clerk digitally, as approved and upon being given a go ahead by the Department of Public Safety. Such pieces of information are very confidential and as such, can only be issued out by the Department only at the point of necessity to enable the NICS have a comprehensive record of individuals who are not eligible to own firearms.
When Texas Says You Can’t Carry a Gun
• Individuals who have been convicted by a law agency and found guilty of a crime or felony
• individuals declared by an authorized court to be mentally unstable
• Individuals known to exhibit violent behaviors in the society
• Individuals with a record of conviction for domestic violence
Texas Gun Legislation: When Texas Says You Are Eligible to Carry a Gun
Individuals who are below the age of 18 years are highly prohibited from owning firearms. Anyone who intentionally sells, rents, gives, or attempts to sell, rent, or give guns to minors (people under the age of 18 years old) will be punished and convicted by the state law of Texas.
But, in cases where there is a written consent by the parent or guardian of the minor, the federal law offers an exception to such cases and authorizes the sale or transfer of firearms to the minor, but also holding the parent or guardian who gave a written consent accountable for the actions of the minor.
The federal law highly restricts the sale or transfer of firearms or guns by dealers to people under the age of 21 and in regular cases, restrict the sale or transfer of rifles or shotguns to people under the age of 18. Also, it is worthy of note that, the federal law prohibits unauthorized handgun dealers to sell or transfer handguns to people under the age of 18 but permits unauthorized dealers to sell and transfer shotguns to minors who are under 18 years of age.
Texas Gun Legislation: A Professional Overview
Gun legislation, often referred to as “gun control” or “firearms regulation,” consists of laws and policies governing the manufacture, possession, sale, and use of firearms. In Texas, a state known for its robust gun culture, such legislation balances the rights of citizens with public safety concerns.
Defining Key Terms
- Gun Legislation: Laws or policies regulating firearm-related activities such as production, sales, and usage.
- Gun Rights: The legal entitlements of individuals to purchase, own, and carry firearms.
- Gun Control: A set of regulations designed to monitor firearm transactions, usage, and ownership.
These terms collectively outline the framework within which Texas addresses gun-related matters.
Gun Statistics in Texas
In recent years, Texas has witnessed significant changes in gun-related fatalities:
- Gun Deaths: Texas records approximately 3,647 firearm-related deaths annually, with a death rate of 12.7 per 100,000 people, ranking it 28th among U.S. states.
- National Context: Nationally, 40,620 lives are lost to firearms annually at a rate of 12.2 deaths per 100,000 people.
Trends Over Time
Between 2011 and 2022:
- Gun deaths in Texas increased by 38%, compared to a 33% increase nationally.
- Gun homicides surged by 90%, far exceeding the national average of 70%.
- Gun suicides rose by 15%, slightly above the national increase of 12%.
(Graphs illustrating these trends can help visualize these statistics effectively.)
Key Components of Texas Gun Laws
Background Checks
Texas does not mandate universal background checks for private firearm sales. Licensed dealers, however, are required to verify buyers’ records through the FBI’s National Instant Criminal Background Check System (NICS).
Mental Health Considerations
Federal laws prohibit individuals with certain mental health conditions from owning firearms. Texas collaborates with federal agencies to update records in the NICS, ensuring compliance with these restrictions.
Eligibility Criteria
Texas law prohibits firearm possession for individuals:
- Convicted of felonies or certain domestic violence offenses.
- Adjudicated as mentally incompetent.
Conversely, individuals over 21 years old can purchase firearms, with limited exceptions for minors under parental supervision for hunting or sports.
Responsibilities of Gun Owners
Licensing and Registration
Texas does not require gun owners to register their firearms or obtain licenses. However, federal licensing is mandatory for firearm dealers.
Safe Storage
While Texas law does not mandate locking firearms, it holds owners accountable if minors access unsecured guns. Violations can result in criminal charges, particularly if such access leads to harm.
Policy and Public Debate
The debate around gun legislation in Texas often revolves around balancing constitutional rights with public safety. Proponents of stricter regulations highlight the state’s rising gun violence statistics, while advocates for gun rights emphasize personal freedom and self-defense.
Moving Forward
As gun legislation continues to evolve, Texas faces the challenge of crafting policies that respect individual rights while addressing public health concerns. Stakeholders, including policymakers, advocacy groups, and the public, must engage in informed dialogue to shape the future of firearm regulation in the state.
Texas Gun Legislation: A Comprehensive Overview of Firearm Carrying, Ownership, and Regulations
Concealed Carry and Permitless Public Carry in Texas
Texas gun legislation allows law-abiding citizens to carry firearms in public places, including schools and churches, as long as the firearms are properly concealed. As of recent laws, individuals do not need a permit, formal training, or a background check to carry a handgun in public, provided they are over the age of 21 and are not federally prohibited from firearm possession.
However, certain restrictions apply, especially to those with felony convictions or certain criminal charges. Ex-convicts, for example, face a five-year ban from carrying firearms in public, although they are still allowed to possess firearms on their private property or in their vehicles. Prior to 2021, Texans were required to complete training and pass a background check to obtain a concealed carry license. These regulations were relaxed with the introduction of permitless carry, allowing Texans to carry concealed handguns without a permit, though obtaining a permit still offers certain advantages.
It’s also essential to note that Texas gun laws restrict firearms in certain locations, including college and university campuses, where carrying firearms is prohibited.
How to Obtain a Concealed Carry License in Texas
To apply for a Texas concealed carry license, applicants must meet specific eligibility criteria. The Texas Department of Public Safety (DPS) issues licenses to individuals who have lived in Texas for at least six months and meet federal and state legal requirements. Applicants must be over the age of 21 and pass a background check to ensure they are not convicted felons or individuals with recent criminal history, mental health issues, or substance abuse problems. Additionally, individuals with multiple jail sentences in the last 10 years for Class B offenses may also be restricted from obtaining a license.
The DPS also uses local databases to verify the eligibility of applicants. Texas law prohibits firearm possession for individuals convicted of domestic violence or under supervision for criminal offenses.
Firearm and Ammunition Sales Restrictions in Texas
Texas gun legislation imposes strict regulations on the sale of firearms, especially regarding individuals who are legally restricted from purchasing them. Firearm dealers are prohibited from selling firearms or explosives to intoxicated individuals, ex-convicts, and those serving community service. The sale of explosives, including armor-piercing ammunition, is also prohibited in Texas. This includes highly dangerous materials like shotgun shells designed to penetrate armor or metal, which are considered unlawful.
Handgun Regulations and Changes in Texas Law
In 2021, Texas introduced permitless carry, allowing individuals to carry handguns in public without a license, provided the firearm remains concealed. To legally carry a handgun in public without a license, an individual must meet the following criteria:
- Be at least 21 years of age
- Not have a felony conviction
- Not have a misdemeanor conviction for certain crimes
- Not be under the influence of alcohol or drugs
- Be legally allowed to possess a firearm under federal law
Previously, individuals wishing to carry handguns were required to obtain a concealed carry license after completing a training course and background check.
Long Guns in Texas
Texas laws do not place specific restrictions on the possession of long guns, including rifles and shotguns. However, individuals who have been legally restricted from owning firearms may also be prohibited from possessing long guns.
Texas Penal Code and Gun Ownership
The Texas Penal Code outlines the legal age for handgun possession and provides details on firearm offenses, including illegal carrying, selling, or possession. It also covers guidelines for carrying firearms on public transportation and in other vehicles.
Training and Firearm Safety in Texas
Individuals applying for a concealed carry license in Texas must complete a state-approved training course, which includes classroom or online instruction as well as range training. The course covers firearm safety, conflict resolution, the use of deadly force, and proper firearm storage. Applicants must demonstrate proficiency with a firearm, even if they complete their coursework online, to ensure that they can responsibly handle a handgun. A certified instructor must recommend applicants for licensure, and the Department of Public Safety uses these recommendations when determining whether to issue a permit.
License Duration and Renewal
Once issued, a Texas concealed carry license is valid for five years, expiring on the license holder’s birthday. Renewal requires the submission of application materials, including proof of compliance with firearm laws, and payment of an application fee.
Confidentiality and Data Use in Texas
The Texas Department of Public Safety may share information about licensed firearm carriers with criminal justice agencies when necessary, though this information is generally kept confidential unless required by law. The department also provides monthly and yearly reports on licenses issued, denied, or revoked.
Reciprocity and Texas Concealed Carry
Texas recognizes concealed carry licenses issued by other states, provided those states meet Texas’ criteria. The Attorney General conducts regular background checks on these states’ licenses to ensure they are trustworthy and aligns with Texas’ standards.
Open Carry Laws in Texas
Texas law allows individuals to openly carry handguns in public, but only if the firearm is properly holstered. Open carry is prohibited in public spaces if the handgun is not secured in a holster, and certain areas like buses and boats restrict open carry, even if the individual is traveling for personal safety. Security personnel and those engaged in lawful activities, such as hunting or sports, are permitted to openly carry firearms.
Self-Defense and Stand Your Ground Laws in Texas
Texas law includes strong self-defense provisions, allowing individuals to use deadly force when necessary to protect themselves or others from imminent harm. The “Stand Your Ground” law in Texas removes the obligation to retreat before using deadly force, even in public spaces, as long as the individual is not engaged in criminal activity and is legally allowed to be in that location.
Ammunition Regulation in Texas
Texas law does not specify an age for purchasing ammunition, nor does it require a license for ammunition sales. Firearm sellers are not required to record buyer information unless stipulated by other regulations.
For more details on Texas gun legislation, including concealed carry procedures, regulations, and firearm laws, feel free to reach out to us. We are here to provide helpful, up-to-date information and guidance.
